Chapter 18.24
DOWNTOWN RESIDENTIAL ZONE

Sections:

18.24.010    Intent.

18.24.020    Downtown residential zone – Use allowances.

18.24.030    Accessory uses.

18.24.040    Zoning standards.

18.24.042    Drive-through service.

18.24.044    Outdoor storage.

18.24.045    Wireless communication facilities.

18.24.050    Conflicts.

18.24.010 Intent.

A. The downtown residential zone provides higher density residential development in support of the downtown commercial zone. Limited retail and office uses are also allowed as part of mixed use developments. The zone represents an opportunity to provide a range of housing types in the community with attention to appearance and scale.

B. Some limited existing uses requiring vehicle storage that continue to contribute to the economic vitality of downtown are permitted to continue their business on existing properties, but are encouraged to transition the use of their properties to those more in keeping with subsection A of this section. [Ord. 11-0329 § 3 (Exh. 1).]

18.24.020 Downtown residential zone – Use allowances.

The following uses listed in Table A are identified as permitted, conditionally permitted, or prohibited uses in the downtown residential zone:

 

Table A. Downtown Residential Zone Use Allowances 

PERMITTED

CONDITIONALLY PERMITTED

PROHIBITED

Arts, entertainment, indoor1

Eating and drinking place1

Adult entertainment business

Auction house, existing2

Educational service3

Air transportation service

Business service, standard3

Health care and social assistance10

Ambulatory surgery center

Community residential facility

Religious institution

Animal kennel/shelter

Day care4

Supportive living facility

Arts, entertainment, outdoor

Family child-care home5

Utility facility11

Automotive sales and service, marine

Multiple-family dwelling6

 

Automotive sales and service, non-marine

Office3

 

Business service, intensive

Park

 

Cemetery, columbarium or mausoleum

Personal service3

 

College/university

Recreational facility, indoor

 

Construction and trade

Retail sales3,7

 

Fire or police facility

Single detached dwelling unit, existing legal8

 

Funeral home/crematory

Temporary lodging9

 

Hospital

 

 

Laboratory

 

 

Manufacturing, heavy

 

 

Manufacturing, light

 

 

Marijuana business

 

 

Marijuana cooperative

 

 

Mobile food service

 

 

Mobile home park

 

 

Recreational facility, outdoor

 

 

Regional land use

 

 

Resource land use

 

 

Retail sales, bulk

 

 

Secure facility

 

 

Standalone parking

 

 

Transportation

 

 

Vehicle or equipment rental

 

 

Vehicle refueling station

 

 

Warehousing

 

 

Wholesale trade

1. Social card games are prohibited.

2. Except for animal auction uses which are prohibited. Existing auction houses, excluding vehicle auctions, are permitted on properties currently used for auction house activity as of January 12, 2007. This use may be continued and may be re-established for purposes of rebuilding upon unintentional destruction of the property. The auction house use may not expand buildings or storage beyond the use’s existing footprint. The auction house may expand accessory on-site parking associated with existing auction house use to adjoining or nearby parcels of land, subject to the City’s approval of a site improvement plan that addresses the following issues:

a. Submittal of a long-term parking management plan that shows how the use’s parking needs are met by on-site parking and/or provisions of a long-term shared parking agreement;

b. Submittal of a traffic management plan that shows how the applicant intends to assure safe passage of pedestrians and vehicles in the vicinity of auction events;

c. Screening of outdoor storage and parking areas consistent with Kenmore downtown design standard parking lot screening requirements, KMC 18.52.180;

d. Provision of sidewalks along property frontages in the public rights-of-way, or other measures deemed by the City to adequately protect pedestrians traveling along property frontages; and

e. Ensures that expanded accessory parking area is not used for storage.

Vehicle auctions in existence as of January 12, 2007, are permitted on site area and within buildings in the downtown residential zone located east of 68th Avenue NE and north of NE 182nd Street that are being used as a vehicle auction use as of that date. This use may be continued and may be reestablished for purposes of rebuilding upon unintentional destruction of property. With the exception of accessory parking as outlined below, existing vehicle auction uses may not expand beyond their existing building footprint plus abutting easements, loading, or parking areas used for vehicle auction as of January 12, 2007. Renovations or alterations within the existing building footprint are permitted. However, expansion of existing buildings for vehicle auction use is prohibited. Expansion of accessory on-site parking associated with existing vehicle auction use to adjoining or nearby parcels of land is allowed, subject to the City’s approval of a site improvement plan that addresses the following issues:

a. Submittal of a long-term parking management plan that shows how the use’s parking needs are met by on-site parking and/or provisions of a long-term shared parking agreement;

b. Submittal of a traffic management plan that shows how the applicant intends to assure safe passage of pedestrians and vehicles in the vicinity of auction events;

c. Screening of outdoor storage and parking areas consistent with Kenmore downtown design standard parking lot screening requirements, KMC 18.52.180;

d. Provision of sidewalks along property frontages in the public rights-of-way, or other measures deemed by the City to adequately protect pedestrians traveling along property frontages; and

e. Ensures that expanded accessory parking area is not used for storage.

3. Permitted only as part of a mixed use development, and must occupy 50 percent of the ground floor at street frontage. Each use is limited to maximum 5,000 square feet per use and 15,000 square feet total contiguous. These standards do not apply to city government offices.

4. Day care II permitted only when accessory to a school, religious institution, park, sports club or public housing administered by a public agency.

5. A family child-care home is permitted in an existing legal single detached dwelling unit subject to the requirements established by the Washington State Department of Early Learning (DEL) in WAC Title 170. The family child-care home shall meet the following requirements:

a. The family child-care provider shall be licensed by DEL to operate a family child-care home;

b. A safe passenger loading area shall be provided;

c. The family child-care home shall comply with all applicable building, fire, safety, and health codes enforced by the City;

d. The family child-care home shall comply with all applicable development standards of the City, unless determined to be legally nonconforming;

e. All signage shall conform to the applicable requirements of Chapter 18.42 KMC; and

f. The City has the authority to limit the hours of operation to facilitate neighborhood compatibility.

6. Townhouses are required to have four units minimum in a cluster. Enclosed under building parking is required per Chapter 18.52 KMC, Downtown Design Standards.

7. Except outdoor retail sales which is prohibited.

8. Other single detached dwelling units are prohibited.

9. Bed and breakfast guesthouse only. All other temporary lodging uses are prohibited.

10. Except social services, correctional which is prohibited.

11. Limited to sewer lift stations and pipes/electrical wires and associated structural supports.

[Ord. 17-0438 § 2 (Att. A); Ord. 16-0426 § 5 (Att. C); Ord. 16-0421 § 2 (Att. A); Ord. 14-0384 § 5; Ord. 11-0329 § 3 (Exh. 1).]

18.24.030 Accessory uses.

Accessory uses, when consistent with the definition in Chapter 18.20 KMC, are allowed as determined by the city manager. [Ord. 17-0438 § 2 (Att. A); Ord. 11-0329 § 3 (Exh. 1).]

18.24.040 Zoning standards.

Specific zone-based development standards for the downtown residential zone in Table B apply to the DR zone as follows:

Table B. Downtown Residential Development Standards 

STANDARD

REQUIREMENT

Base Density: Dwelling Units/Gross Acre

48; applies east of 68th Avenue NE

Maximum Density: Dwelling Units/Gross Acre with Density Bonus Incentives

72; density incentives or bonuses not required west of 68th Avenue NE

Minimum Density: Dwelling Units/Net Acre

18 – Townhouse only development

18 – 36 – Townhouse/apartment combination development

36 – Apartments

Minimum Lot Width

Townhouse – 20 ft.

Apartment – 30 ft.

Minimum Street Setback

Primary structure – 6 ft. min.; 8 ft. min. average

Garage, carport, paved parking – 10 ft.

Maximum Street Setback

West of 68th Avenue NE, the maximum setback is 10 ft.

Minimum Interior Setback

5 ft.; otherwise when adjoining property zoned R-l to R-6 zone then 20 ft.

Maximum Height

East of 68th Avenue NE – 60 ft. or 80 ft. if providing density incentives per Chapter 18.80 KMC

West of 68th Avenue NE – 80 ft.1

Maximum Impervious Surface: Percentage

90%

Pedestrian Connections

Pedestrian connections shall be provided in accordance with Chapter 18.52 KMC, Downtown Design Standards

1 Through the design review process the city manager may require greater upper story setbacks, or mass and bulk reductions, than otherwise stated in KMC 18.52.310 in order to achieve greater compatibility of development where DR zoned property abuts property zoned R-1 to R-12. For example, greater upper story setbacks may be required in proportion to the height of structures above 60 feet.

[Ord. 16-0428 § 13 (Att. I); Ord. 11-0329 § 3 (Exh. 1).]

18.24.042 Drive-through service.

Drive-through service is prohibited in this zoning district. [Ord. 17-0438 § 3 (Att. B).]

18.24.044 Outdoor storage.

Outdoor storage is prohibited in this zoning district. [Ord. 17-0438 § 3 (Att. B).]

18.24.045 Wireless communication facilities.

Use allowances and development regulations for wireless communication facilities are located in Chapter 18.60 KMC. [Ord. 16-0426 § 6 (Att. D).]

18.24.050 Conflicts.

In the event of conflict between Chapter 18.52 KMC, Downtown Design Standards, and downtown residential zone standards, the Kenmore downtown design standards shall prevail. [Ord. 11-0329 § 3 (Exh. 1).]